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Superior Dispatch Inc. v. Ins. Corp. of New York, No. B204878

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By FindLaw Staff on January 22, 2010 12:00 PM

In plaintiff's breach of contract action against its insurer, trial court's grant of summary judgment in favor of the defendant is affirmed where: 1) trial issues of fact as to whether defendant is equitably estopped from asserting the contractual limitations provision preclude summary judgment based on the provision; 2) defendant is entitled to summary judgment based on a material misrepresentation in the insurance application; and 3) plaintiff has shown no prejudicial error in the sustaining of the demurrer to the fraud count.   

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Appellate Information

Filed January 21, 2010

Judges

Opinion by Judge Croskey

Counsel
For Appellant:   Pierry Shenoi, Brown Shenoi Koes, Allan A. Shenoi; Law Offices of Daniel J. Koes, Brown Shenoi Koes and Daniel J. Koes

For Appellee:   Lewis Brisbois Bisgaard & Smith and Raul L. Martinez

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